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Children's Right to Education: Financial Neglect after Divorce in Muslim Marriage in Malaysia

Makhtar, M., Asari, K. A., Pauzai, N. A. and Abdullah Asuhaimi, F.

Pertanika Journal of Tropical Agricultural Science, Volume 25, Issue S, October 2017

Keywords: Children, neglect on maintenance, right to education, separated parents

Published on: 16 Apr 2018

Divorce among Muslims married couples in Malaysia occurs every 15 minutes. The rate of divorce in among Muslims couples is twice of that of non-Muslims couples. Children are the most affected individuals from this separation not only in terms of social and emotional aspects but also financially. This paper adopted a qualitative approach by way of analysing the laws, international conventions and related cases to discuss the concept of right to education. Furthermore, it attempts to discuss the financial implications of divorce on children's right to education particularly when the father fails or unable to pay the maintenance to the children. Though the right to education is guaranteed in Malaysia and the government had abolished school fees, the cost of education is still high. . Therefore, the enforcement of judgment order by the court needs to be improved in order to protect the best interest of children i.e. for their right in respect of education.

ISSN 1511-3701

e-ISSN 2231-8542

Article ID

JSSH-S0548-2017

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